March 1, 2022

If I Fall on Someone Else's Property, Can I Sue Them?

If you've suffered an injury on someone else's property, you may be wondering if you can sue them. The answer to this question depends on several factors, including the severity of your injury.

An injured party can sue for medical bills, lost wages, physical therapy costs, and pain and suffering. This article will discuss personal injury lawsuits in Texas and how they are calculated. We will also provide a link below to our personal injury lawsuit calculator, which will help you determine how much compensation you may be awarded.

Is There a Law That Says I Can Sue Someone for Falling on Their Property?

Texas has specific guidelines for pursuing personal injury claims, known as premises liability. If you're injured on someone's property, it's essential to meet these requirements first before starting a lawsuit.

A premises liability claim is a legal term. To win this sort of case in Texas, you must show that the property owner was negligent and that you were harmed as a result. It's critical to employ the services of an attorney who has expertise in personal injury law because negligence on the party of the property owner is not always clear.

What Happens When I Fall On Someone Else's Property?

If you fall on someone else's property and are injured, the first thing you should do is seek medical attention. If you're unable to get up or feel dizzy after falling, call 911 immediately.

When you or a loved one is safe and able to do so, you should think about consulting an accident lawyer. If your injuries were caused by the carelessness or neglect of someone on their premises, they might be held responsible.

In other words, the property owner may be responsible for your injuries if you can prove that they knew or should have known about an unsafe condition on their property and did not take steps to fix it.

Is it possible for a property owner to be sued if someone is injured on their premises? The majority of people are unaware of the number of injuries that occur every year due to falls, particularly in sports, falls in stores, or workplace incidents.

Texas personal injury law allows plaintiffs to seek compensation from at-fault parties, including actual and punitive damages. However, the amount of compensation you can seek depends on whether you were partially at fault for your injury and how much negligence is attributed to the property owner.

Who is Liable if I Fall on Someone Else's Property?

The concept of property law is straightforward. The law regulates who owns what and how they may use it. The question of who is to blame for injuries caused by falling on someone else's property becomes more complicated.

However, there are specific criteria if you are injured on someone's property. Before bringing liability against a property owner's claims, the first thing you must do is demonstrate that they were careless or negligent.

To prove premises liability, the following conditions must be met:

  • there were dangerous conditions on the property
  • some conditions posed an unreasonable risk of harm

The person responsible for the property or the owner had to have been aware of the dangerous condition and failed to fix it or warn of the danger.

What Criteria is Considered if I Fall on Someone Else's Property?

When defending a premises liability claim, the following will all be taken into account:

Who was in charge of the property?

To establish someone as responsible for an accident, you must show that they had control over what was going on.

The owner of the property is responsible for what happens on their land and anyone who has control over it. This includes store managers or property managers. A tenant who rents out an apartment to someone else may also be held liable if they knew about a dangerous condition and did not fix it or warn of its existence.

What was your status on the property?

You must show that you are allowed onto the property. In the eyes of the law, there are three classifications for this: invitees, licensees, and trespassers.

Invitees are people the owner of the property has invited for a specific purpose, such as purchasing something in a store. 

Licensees are those who have been granted permission to be on the property but not for any particular reason. A neighbor who comes over for a visit is one of the most common examples of this type.

On the other hand, a trespasser is someone who enters someone else's property without permission or an invitation from the owner and with no legal justification to be there.

What was your contribution?

If you were hurt due to your own negligence, the property owner might not be held responsible. Contributory negligence is how we describe this circumstance. Additionally, if you were trespassing on the land or committing an illegal act at the time, and you were harmed as a consequence, the owner will most likely not be held responsible.

What was the dangerous condition?

If you can show that a hazardous condition existed and caused your injuries, you must also show that someone in command was aware of it. The property owner is responsible for keeping their premises secure and maintaining strict safety standards. They may be held accountable if they are aware of a hazard on their property but do not correct it, resulting in personal injuries caused by that hazard.

Did the owner repair the hazard?

The property owner is not liable if they had already repaired the hazardous condition before the injury. This is called the doctrine of attractive nuisance, which applies in cases where children are harmed by hazards on a property that an adult should reasonably expect a child to be attracted to because of its nature or appearance.

Was the hazardous condition "Open and Obvious?" 

According to the court, the open and obvious doctrine has meant that someone who owns the property is not responsible for any hazards or dangerous conditions if they are open and apparent; therefore, no one should have missed them. 

In premises liability cases, insurance companies often hire attorneys to defend businesses and try to use the open and obvious doctrine.

It would be best if you had someone on your side who could counter the tactics the other side might use. A law firm with experience in insurance cases is vital in dealing with an insurance company. If someone’s property caused you injury, they should be responsible for their actions and cover any necessary medical expenses.

How Much is a Slip and Fall Claim Worth?

When an accident happens, life can change a lot. This can be hard to deal with. But it is important to start tracking expenses and other things that show how much your injury is worth. If you are thinking about filing a personal injury case in Texas, you should consider how much your injury is worth.

The typical personal injury lawsuit settlement varies considerably depending on the circumstances, making settlements for personal injuries challenging to calculate. There are the initial medical costs to consider, but you also need to factor in future healthcare expenses. Your lost wages due to missed work time also matter, as well as other economic damages.

Once the accounting at the end of your case is complete, a successful personal injury claim will be based on several important factors. It's critical to understand how settlement value is affected by various elements. The following are four essential factors:

Property Damage

Property damage is usually considered in auto accident injury claims. If your vehicle accident was not your fault and you have been harmed, you can include the cost of repairing your automobile as part of your claim. In all other situations, the filing may not compensate for property damage.

Lost Earnings

If you cannot work or make a living due to your injury, you are entitled to compensation for lost earnings. An accident can lead to a loss of income in the form of wages that the damage immediately took from you and future lost earnings if your injuries cause you to change careers. Life expectancy, age, skill, occupation, and profession are all considered when calculating lost wages.

Medical Expenses

Many personal injury claims involve medical expenses, including hospitalization, surgery, and medications. Even minor injuries can lead to significant medical bills in the long term if they require physical therapy or other treatments that continue for several years after the initial accident. You should include future healthcare costs in any personal injury claim.

Pain and Suffering

Another common type of damages awarded in a personal injury lawsuit is pain and suffering. This includes physical, emotional, and mental anguish that results from the accident.

The Multiplier 

Some injuries are difficult to estimate, such as general pain and suffering caused by an event. When determining the worth of a personal injury settlement, the multiplier will consider non-monetary losses by multiplying total economic damages. The multiplier varies from 1.5 to higher, and if any of the following is present, you can expect the multiplier to rise:

  • Severe scarring or permanent disfiguration
  • Reliance on care
  • Nerve or spinal damage
  • Traumatic brain injury (TBI)
  • Inability to attend or participate in regular functions (school, work, etc.)
  • Complete loss or limited function of a limb or other body part

Use our settlement calculator to estimate the settlement you may be entitled to. 


Rose Sanders Law Firm, PLLC

If you were injured on someone else's property due to their negligence, it's in your best interest to consult with a personal injury attorney as soon as possible. The personal injury calculator will help you determine how much compensation you may be entitled to based on your personal injury lawsuit.

The personal injury attorneys at Rose Sanders, PLLC, have spent many years representing clients injured on someone else's property. We know what it takes to win a personal injury case in Texas, and we will fight for the compensation you deserve.

To learn more about personal injury lawsuits in Texas and how our personal injury calculator can help you, please get in touch with us today.


Rationale

If you've suffered an injury on someone else's property, you may be wondering if you can sue them. The answer to this depends on several factors:

Texas has specific guidelines for pursuing personal injury claims, known as premises liability. If you're injured on someone's property, it's essential to meet these requirements first before starting a lawsuit.

Therefore, before you can sue someone, you must identify if you fell on their premises and if you fall under the premises liability law. 

There are other factors to consider. Read them all in this blog!


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